International Journal of Culture and History ISSN 2332-5518 2019, Vol. 6, No. 2 Succession Under Customary Law in Nigeria. The Rule of Primogeniture versus the Deposition of a Traditional Ruler (Onojie) in Edo State: A critique of the Provisions of the Traditional Rulers and Chiefs Edicts No 16 of 1979 Mr Paul Okhaide Itua (Corresponding author) Department of Commercial and Industrial Law, Ambrose Alli University P.M.B. 14, Ekpoma Edo State, Nigeria E- mail: [email protected] Received: July 22, 2019 Accepted: August 14, 2019 Published: September 25, 2019 doi:10.5296/ijch.v6i2.15125 URL: https://doi.org /10.5296/ijch.v6i2.15125 Abstract Before the advent of colonial administration in the area, which is presently known as Nigeria, there existed a people occupying vast areas of territories, which were traditionally dominated by highly diverse ethnic groups with highly sophisticated language systems. Apart from the variation in the languages, there also exist shape differences in terms of customs and traditions. However, with the amalgamation of the southern and northern protectorate by Lord Frederick Lugard the former Governor-General of Nigeria in 1914 these territories were brought together for the convenience of British Colonial Administration. The new territory was called Nigeria. In furtherance of their quest for effective colonial administration, the British used to their advantage the traditional institutions that were well established in the country. Although traditional structures differ considerately from one ethnic group to another, but it was a common feature for these various ethnic groups to have their own established traditional institution with a recognised ruler, who may in turn be subordinate to the ruler of a larger community. The procedure regulating succession to the throne of these various traditional institutions are well defined by customs and traditions. These traditional ruler exercises absolute powers, and wade considerable influence in the affairs concerning their area of jurisdiction. However since the attainment of Independence in 1960, and followed by alternating between Military rule and civilian administration saw the decline and in some 17 International Journal of Culture and History ISSN 2332-5518 2019, Vol. 6, No. 2 cases the eroding of the powers once excised by these traditional rulers. The once reviled absolute rulers suddenly discover that they are now subject to the powers of the state as provided in the various Traditional Rulers and Chief Law of the various states in the federation. These laws prescribed the mode of selection, appointment and discipline of a traditional ruler, which could include deposition or dethronement. In Edo State, succession to the throne as a traditional ruler in most of the communities is governed by the rule of primogeniture. Among the Esan people of Edo State their traditional ruler is known as the “Onojie” and succession to the throne is strictly by the principle of primogeniture. Recently, the Onojie of Uromi was deposed by the Edo State Government acting in accordance with provision of the Traditional Rulers and Chief Edict No 6 Laws of Bendel State of Nigeria 1979 applicable to Edo State. This article seeks to examine critically the aforesaid deposition of the Onojie against the Rule of primogeniture that regulate succession to the throne under Esan customary law. Keywords: Succession under Esan customary law, Traditional rulers and chiefs edict, Deposition of an Onojie, The rule of primogeniture 1. Introduction Traditional institutions exist across Nigeria. It is one of the medium through which the activities of government can reach the people at the grass root. Thus modern Nigeria encompasses areas traditionally occupied by highly diverse ethnic group with very different languages and traditions.1 Historically, the Yoruba have all ways occupied the western part of Nigeria, while the South-Eastern part of the country is occupied by the Ibo and a collection of diverse ethnic groups that cluster around the North-Central zone.2 A kin observer of the Nigerian political development will observed that since independence, the country, had struggled between civilian rule and military dictatorship. These two systems of administration have impacted on the sphere and influence of the traditional institution in the country negatively. Prior to the amalgamation of southern and northern protectorate by the British colonial government, traditional ruler exercised absolute powers within their area of jurisdiction. However, after independence the status of traditional rulers within the country began to decline with regard to the area of jurisdiction / influence, and general restriction and control in the process of selection and emergence. Thus where some traditional rulers in some communities have emerged through the process of inheritance as prescribed by Native law and Customs i.e., through inheritance or through selection and appointment by traditional council of elders, the government post independence has increasingly become involved in the 3 entire process from the time of selection to eventual succession into the traditional office. 1 E. Azinge(ed), Restatement of Customary Law of Nigeria (1st ed, 2013) The Nigeria Institute of Advance Legal Studies Lagos) at3 2 Thornton, K Warfare in Atlantic Africa 1500-1800 (1999) London and New york; Routledge 3 In May 1994, the Military ruler General Sani Abacha deposed Awwal Ibrahim, Sarkin Zazzu of Suleja Emirate, although he was subsequently reinstated in January 2000. See Tony Orilade (3 April 2000). “Suleja Goes Up in Smoke Again. The News (Lagos) Retrieved 25 March 2010. Cited in E. Azinge (ed), Restatement of Customary Law of Nigeria (1st ed, 2013) The Nigeria Institute of Advance Legal Studies Lagos) at 4. Also the Deji of Akure land, Oba Oluwadare Adesina was deposed because he could not maintain his household, and his relationship with his chiefs and his subject. He, not only maltreated his first wife, but also held his community to ransom by flouting traditional rites, grabbing peoples’ land and repeatedly trampling on their civil rights. He was deposed and banished from the throne after Ondo State Government had conducted an investigation that found him guilty. The Ondo State Government led by Dr Olusegun Mimiko deposed Oba Oluwadare Adesina on The 10th June 2010. He was banished and order not to step into Akure for six months. See Daily Champion (Lagos) “ Nigeria: 18 International Journal of Culture and History ISSN 2332-5518 2019, Vol. 6, No. 2 These actions of government have greatly accelerated the decline in the power of the traditional rulers, which is noticeable across the country. For example, in the North, the Emirs have lost most of their powers to the government.4 In fact in some other cases, the government has in some circumstances merge, increased or split traditional domains of some traditional rulers.5 Most recently the Governor of Kano State Abdullahi Umar Ganduje signed into law a bill for the creation of four new emirates for Gaya, Rano, Karaya and Bichi, out of the former Kano Emirate Council under the jurisdiction of the Emir of Kano Muhammadu Sanusi II, consisting of 44 local government areas. Before the creation of these emirates, Gaya, Rano, Karaya and Bichi used to be administered as districts under the old Kano Emirate from Kano. It is interesting to mention that the Kano Emirate was a religious state in the Northern Nigeria. The Emirate was formed in 1805 during the Fulani jihad, when the old Hausa Sultanate of Kano became subject to the Sokoto Caliphate.6 However, with the creation of these four new emirates, the area of authority and influence of the Emir of Kano has been seriously reduced from the previous 44 local government areas to 10 local government areas. 7 It is important to acknowledge the significant role the traditional institutions had being playing as the centerpiece for mobilisation of people for communal development. Their role in the social and economic development of their areas of jurisdiction cannot be over emphasised. As noted earlier, traditional institutions exist across all the geo-political zones in Nigeria. It is therefore not surprising to observe that some indigene of Wife Bashing –Deji of Akure Deposed, Banished.” Available at: < www.alafrica.com> (last accessed on the 4th January 2019). Furthermore In Edo State, the Ojuromi of Uromi, His Highness Zaiki Anselem .O. Eidonojie II (JP) was also deposed by the Edo State Government led by the immediate past governor of the state Comrade Adams Aliyu Oshiomhole. The deposition order was contained in a letter dated 9th of November 2016. The State Government alleged that the deposed Ojuromi committed a lot of offences including fighting one of his subjects Mrs Betty Okoebor after serious altercation on the day of general election in a public field at Uromi, and allegedly travelling abroad without the permission of the governor. Before his deposition, he was suspended for seven day and he was directed to apologise to the state government. See “ Tension in Edo over the deposition of Uromi monarch” in The Pilot available at: < www.nigerianpilot.com> (last accessed on the 4th of January 2019). Finally Oba Akinfesola Adewola was suspended from the throne for allegedly perpetrating various atrocities in the community. Some of the atrocities were fraud, forceful acquisition of land, frivolous litigation over his subjects’ properties, assaulting his chiefs, and failure to perform traditional rites. The suspension of the monarch by the Ondo State government came after mass protest by the people of the community who chased the traditional ruler and his family out of the palace, forcing them to trek barefooted for several kilometers. E. Azinge Restatement of Customary Law of Nigeria (1sted, 2013, Nigeria Institute of Advance Legal Studies Lagos) at 12. 4 See C. Ewoke (1 August 2007). “Nigerians go crazy for title” BBC News Retrieved 3 September 2010; William F.S. (Fall 1993) “ Traditional rulers and development administration: Chieftaincy in Niger, Nigeria, and Vanuatu” STUDIES IN COMPARATIVE INTERNATIONAL DEVELOPMENT (SCID), Volume 28, Number 3, 31-50 Retrieved 3 September 2010 cited in E.